Special marriage Act - Hindu girl in relationship with a Muslim boy
1 year ago
I am Hindu girl in relationship with a Muslim boy for more than 10 years, he doesn't give importance to caste and is comfortable if I follow Hinduism after marriage, but his family is very conservative. We have decided to marry through special marriage act but I have seen on internet that marriage through special marriage act is not valid in Islam. my doubt is in Hinduism it is not allowed to have second wife until you divorce the first wife, is this rule same for special marriage act ? In Islam it is allowed to have 3 wives so if his family forces him for second marriage can I legally stop them under special marriage act ?
A.Dear client,
Any person, irrespective of religion. Hindus, Muslims, Buddhists, , Sikhs, Christians, Parsis, or Jews can also perform marriage under the Special Marriage Act, 1954. Inter-religion marriages are performed under this Act.
Section 44 of this Act lays down that if any person commits bigamy, it is illegal and then he/ she is liable under the Section 494 and 495 of the IPC, 1860.
Any person, irrespective of religion. Hindus, Muslims, Buddhists, , Sikhs, Christians, Parsis, or Jews can also perform marriage under the Special Marriage Act, 1954. Inter-religion marriages are performed under this Act.
Section 44 of this Act lays down that if any person commits bigamy, it is illegal and then he/ she is liable under the Section 494 and 495 of the IPC, 1860.
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Subhashis Paul
Responded 1 year ago
A.After getting your marriage registered under the Special Marriage Act, 1954 you and your husband shall be both bound by the law that if you or husband husband have to remarry then first of all either of you need to take divorce from the other party before the court of law. No person can force any of you to remarry without breaking your marital tie with each other otherwise it will be punishable for committing the crime of remarrying.
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A.Dear Madam,
It is valid if u marry muslim boy and please follow the following rules and also consult the marriage registrar in person and not to believe rumours.
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You may go through the following procedure under Special Marriage Act
Conditions Necessary for A Marriage
The following conditions are necessary:
1. That neither party has a spouse living at the time of marriage.
2. That neither party is incapable of giving a valid consent to the marriage due to unsoundness of mind.
3. That neither party has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children.
4. That neither party has been subject to recurrent attacks of epilepsy or insanity.
5. That the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage.
6. That the parties are not within the degrees of prohibited relationship. However where a custom governing at least one of the parties permits a marriage between them, such marriage may be solemnized non with standing that they are within the degrees of prohibited relationship as follows:
http://www.helplinelaw.com/family-law/MSMA/solemnization-of-marriage-under-special-marriage-act-1954.html
The requirements of procedure as per Karantaka State is as follows regarding fees and formats
3. Every Marriage Officer shall cause his name designation and the regular working hours of his office to be written in English and in Kannada and displayed in a conspicuous part of the building in which his office is situated.
4. (1) Notice of any intended marriage under the Act shall be given in writing in the form specified in the Second Schedule to the Act to the Marriage Officer by both the parties intending to enter into the marriage either in person or by registered post.
(2) Where the notice is delivered in person, the fee prescribed therefor in rule 10 shall be paid directly in cash to the Marriage Officer. Where the notice is sent by registered post the fee shall be remitted by money order at the remitters expense and the receipt issued to the remitter by the post office through which the remittance is made shall be attached to the notice.
(3) As soon as the notice has been received by the Marriage Officer a distinctive serial number shall be entered on it and such number and the date of receipt of the notice shall be attested by the signature of the Marriage Officer. If the notice is in the confirmity with the requirements of the Act, it shall be entered in the marriage notice book which shall be
1. Published in Karnataka Gazette part IV I C (ii) 16 dated May 18, 1961 page 1003 to 1010.
http://www.karnataka.gov.in/karigr1/Pages/Special-Marriage-Fees.aspx
It is valid if u marry muslim boy and please follow the following rules and also consult the marriage registrar in person and not to believe rumours.
--------------------------------------------------------------------------------
You may go through the following procedure under Special Marriage Act
Conditions Necessary for A Marriage
The following conditions are necessary:
1. That neither party has a spouse living at the time of marriage.
2. That neither party is incapable of giving a valid consent to the marriage due to unsoundness of mind.
3. That neither party has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children.
4. That neither party has been subject to recurrent attacks of epilepsy or insanity.
5. That the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage.
6. That the parties are not within the degrees of prohibited relationship. However where a custom governing at least one of the parties permits a marriage between them, such marriage may be solemnized non with standing that they are within the degrees of prohibited relationship as follows:
http://www.helplinelaw.com/family-law/MSMA/solemnization-of-marriage-under-special-marriage-act-1954.html
The requirements of procedure as per Karantaka State is as follows regarding fees and formats
3. Every Marriage Officer shall cause his name designation and the regular working hours of his office to be written in English and in Kannada and displayed in a conspicuous part of the building in which his office is situated.
4. (1) Notice of any intended marriage under the Act shall be given in writing in the form specified in the Second Schedule to the Act to the Marriage Officer by both the parties intending to enter into the marriage either in person or by registered post.
(2) Where the notice is delivered in person, the fee prescribed therefor in rule 10 shall be paid directly in cash to the Marriage Officer. Where the notice is sent by registered post the fee shall be remitted by money order at the remitters expense and the receipt issued to the remitter by the post office through which the remittance is made shall be attached to the notice.
(3) As soon as the notice has been received by the Marriage Officer a distinctive serial number shall be entered on it and such number and the date of receipt of the notice shall be attested by the signature of the Marriage Officer. If the notice is in the confirmity with the requirements of the Act, it shall be entered in the marriage notice book which shall be
1. Published in Karnataka Gazette part IV I C (ii) 16 dated May 18, 1961 page 1003 to 1010.
http://www.karnataka.gov.in/karigr1/Pages/Special-Marriage-Fees.aspx
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A.Dear Client
A Hindu girl and a Muslim boy can marry under the provisions of the Special Marriage Act and they are not prohibited. This is a tricky question that can he marry again as per the Muslim law and have more than one wife. I think you under the legal provisions of the Special Marriage Act will have rights to approach the court and stop him from marrying again while he is married to you.
The court will take all the facts into consideration and pass an order accordingly.
A Hindu girl and a Muslim boy can marry under the provisions of the Special Marriage Act and they are not prohibited. This is a tricky question that can he marry again as per the Muslim law and have more than one wife. I think you under the legal provisions of the Special Marriage Act will have rights to approach the court and stop him from marrying again while he is married to you.
The court will take all the facts into consideration and pass an order accordingly.
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